Senate debates

Tuesday, 20 June 2023

Bills

Migration Amendment (Giving Documents and Other Measures) Bill 2023; Second Reading

7:06 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

I thank those members who've contributed to this debate. The Migration Amendment (Giving Documents and Other Measures) Bill 2023 will amend the Migration Act 1958. The amendments in this bill will support improved and fairer processes under the Migration Act. They improve the effectiveness of the notification of decisions and actions under the act and reduce inefficient processes relating to the making of valid protection visa applications for dual citizens.

The common sense amendments in this bill strengthen the notification framework for visa related decisions. They do this by reinforcing the existing mechanisms, ensuring that those affected have the best chance of actually receiving the relevant documents. It also mirrors other legislative frameworks by adopting a substantial compliance notification framework, providing greater certainty in relation to the notification of visa related decisions and actions for both the minister and the recipient of such notices.

The bill also removes the prohibition on nationals of two or more countries from lodging a valid application for a protection visa. Subdivision AK of division 3 of part 2 of the Migration Act currently prevents any person who is a national of two or more countries from lodging a valid application for a protection visa, but allows the minister to lift the bar if it is in the public interest to do so. The removal of this subdivision from the Migration Act will improve administrative efficiencies, minimising the risk of family separation and streamlining the process for dual nationals seeking protection in Australia.

The government's position remains unchanged: those who can avail themselves of protection from a third country because of nationality or some other right to re-enter and reside in a third country should seek protection from the third country instead of applying for a protection visa in Australia. This bill deserves support. I commend the bill to the House.

Question agreed to.

Bill read a second time.

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